04/23/07 Council Meeting Minutes

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REGULAR MEETING APRIL 23, 2007 the bill. Councilmember Rouse noted the fact that tonight Mr. Master's stated the same thing, that there are things that need to be corrected in this bill, before the City gets sued again. Councilmember Rouse stated that the Council needs to pass the bill, but the City should lean on the attorney who defeated the other legislation out in Circuit Court and he is standing before this body tonight and essentially said the same thing. This bill is arbitrary, in these five issues. Councilmember Rouse asked if the Council should correct the bill tonight, with the points that Mr. Master's has brought to the Council's attention and then pass the bill. Council Attorney Kathleen Cekanski-Farrand advised that she believes that it would be appropriate for further discussion on this bill. She noted that it is very rare where all attorneys of record agree with regard to terminology. As she reiterated she is willing to work with the City Attorney's Office and Mr. Master's on this bill. The Council can pass this bill tonight and continue to refine it in light of the special events ordinance that is coming forth. Many of those amendments can be a part of this same chapter on public safety. Councilmember Pfeifer stated she recalls some discussion on certain sections that should be in Section 21, of the Municipal Code, Land Use Area, and questioned whether that had been done. Ann-Carol Nash, Assistant City Attorney, 14~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that discussion did take place about some overlap between this bill and some of the same standards being enforced in Chapter 21. At that time she suggested that the standards really go through Chapter 21, and in this situation, she and Ms. Cekanski-Farrand has disagreed with their legal opinions of the matter, but she is certainly willing to continue discussion or if the Council is willing to pass this bill, the Legal Department will live with it. She envisions the enforcement of the standard ultimately being done through Chapter 21, which is clearly laid out. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted, and will continue discussion of this substitute bill within the Health and Public Safety Committee and will take into consideration some of the concerns that were addressed tonight and the issue of back yard parking. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 20-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 1, DIVISION 1 OF THE SOUTH BEND MUNICIPAL CODE, ADDRESSING THE "YOUTH ADVISORY COUNCIL" Councilmember Kelly, Chairperson, Community Relations Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Councilmember White, 1912 Malvern Way, South Bend, Indiana, made the presentation for this bill. Councilmember White stated that this bill would streamline the selection process for members of the Council's Youth Advisory Council. She advised that this bill would also modify various provisions to assist in updating its overall operations so that they can be more pro-active and effective. The bill reduces the Youth Advisory Council from 19 members to 11 members. It would permit each District Council Member to select a youth representative, with all other youth representatives being selected by the At Large Council Members. The bill would mandate that the application form be able to be downloaded from the City's Internet website on a 24/7 basis. Lastly, the bill would require the Office of the City Clerk to see that activities on the Youth Advisory Council are timely updated and posted on the City's Internet website so that there would be better 12